Research On The System Of The Third Party’s Acting

Although my country’s "Civil Code" has stipulated the third party payment system,there are still many shortcomings.First of all,in terms of theory,because the third-party compensation system has been in our country for a short time in legislation,there are controversies about the most basic meaning,scope and constituent elements of thirdparty compensation.Secondly,at the level of the third party’s repayment system,there are issues including disputes over debts paid by the third party,unclear regulations on the effectiveness of the third party’s repayment,and loopholes in how the third party seeks compensation.And blank.Finally,in the judicial application of the third party’s settlement,there are some situations such as unclear recognition of the legal relationship of the third party’s settlement,and insufficient protection of the rights of the third party.With the increasing complexity of civil and commercial activities,the impact of the above problems has become more and more serious,so it is necessary to analyze and discuss the third party compensation system.The first chapter of this article starts with the origin,definition and connotation of the third-party settlement system,and mainly analyzes the basic theory of third-party settlement,including the origin and evolution of the concept of third-party settlement,and the definition of the concept.The system of reimbursement on behalf of the debtor can quickly satisfy the creditor’s rights,thereby promoting the orderly progress of civil and commercial activities.Secondly,it analyzes the scope of the third party,the nature of the debt,and the expression of intent in the third-party payment system from the subject,object,and expression of intention.At the same time,the third party’s repayment system and debt undertaking are most easily confused.The main difference between the two lies in the third party’s subject status and the different means of relief when the third party fails to perform the debt.Finally,in the context of the promulgation of the Civil Code,the content of the third-party compensation system was adjusted,which was stipulated in the contract,and the third-party compensation rules were further clarified,despite the specific provisions.There are still shortcomings,but a third-party compensation system is still established.Regarding the application of the third-party compensation system in the judicial field,there are also problems such as the unclear rules for determining third-party compensation and the unclear rules for the protection of third-party claims.The second chapter mainly analyzes the third party’s payment on behalf of the system.Although the "Civil Code" contract has stipulated that the third party pays off on behalf of the third party,there is no systematic regulation in the entire "Civil Code".There are also no clear regulations on the nature of debts paid by third parties,such as whether personal specific debts can be paid on their behalf,and mandatory restrictions on debts paid by third parties.Therefore,this chapter first analyzes the above issues.In addition,the relationship between the right of compensation and the right of subrogation has not been specifically stipulated in the third-party compensation system,and this article believes that the right of compensation and the right of subrogation coexist.Finally,as for the effectiveness of third-party settlement,the main problem is that the regulations on the effectiveness of third-party settlement are not clear,so the effectiveness should be stipulated separately according to whether there is interest.The third chapter is the analysis of the judicial issue of the third party’s settlement.At present,the problems in the judicial practice of the third-party compensation system mainly focus on the identification of legal relationships and the protection of the right of compensation after the third-party compensation.The third party’s repayment is similar to the debt obligation and the third party’s performance of the contract,which often leads to confusion in judicial practice.In addition,the third party’s right to claim compensation is difficult to obtain due to difficulties in producing evidence and insufficient evidence collection in judicial practice.The fourth chapter puts forward suggestions for improvement in the system and judicial aspects of the third party’s settlement on behalf of the third party.From the perspective of the system,it is necessary to improve the legislation system for the third party to pay off the debts on behalf of the third party,complete the identification standards for the third party to pay the debts on behalf of the third party,and improve the effectiveness of the third party to pay off the rules.From a judicial perspective,it is necessary to improve the rules for the determination of the third party to pay off on behalf of the third party,and strengthen the judgment rules to protect the rights of the third party.